Baygold Associates, Inc. v. Congregation Yetev Lev of Monsey, Inc.
| Decision Date | 15 February 2011 |
| Citation | 916 N.Y.S.2d 639,81 A.D.3d 763 |
| Parties | BAYGOLD ASSOCIATES, INC., appellant-respondent, v. CONGREGATION YETEV LEV OF MONSEY, INC., respondent. (Action No. 1) Monsey Park Home for Adults, appellant-respondent, v. Israel Orzel, respondent-appellant, et al., defendants. (Action No. 2). |
| Court | New York Supreme Court — Appellate Division |
81 A.D.3d 763
BAYGOLD ASSOCIATES, INC., appellant-respondent,
v.
CONGREGATION YETEV LEV OF MONSEY, INC., respondent. (Action No. 1)
Monsey Park Home for Adults, appellant-respondent,
v.
Israel Orzel, respondent-appellant, et al., defendants. (Action No. 2).
Supreme Court, Appellate Division, Second Department, New York.
Feb. 15, 2011.
Maizes & Maizes, LLP, Bronx, N.Y. (Michael H. Maizes of counsel), for appellants-respondents.
Ostrer Rosenwaser, LLP (Mischel & Horn, P.C., New York, N.Y. [Scott T. Horn], of counsel), for respondent.
WILLIAM F. MASTRO, J.P., CHERYL E. CHAMBERS, SHERI S. ROMAN, and JEFFREY A. COHEN, JJ.
In two related actions, inter alia, to recover damages for fraud and for a judgment declaring, in effect, that a lease was renewed pursuant to its terms, the plaintiff in Action No. 1, Baygold Associates, Inc., and the plaintiff in Action No. 2, Monsey Park Home for Adults, appeal from (1) a decision of the Supreme Court, Rockland County (Weiner, J.), dated March 10, 2010, and (2) a judgment of the same court dated May 3, 2010, which, upon the decision, and after a nonjury trial, dismissed the complaint in Action No. 1 and declared that Baygold Associates, Inc., (a) did not renew its lease for the subject premises, (b) that its lease, and any sub-leases thereunder, expired on September 30, 2007, and (c) that it had no contractual or possessory interest in the subject premises, other than that arising from a month-to-month tenancy, and the defendant in Action No.
ORDERED that the appeal and cross appeal from the decision are dismissed, as no appeal lies from a decision ( see Schicchi v. Green Constr. Corp., 100 A.D.2d 509, 509-510, 472 N.Y.S.2d 718), and, in any event, the cross appeal must also be dismissed as abandoned; and it is further,
ORDERED that the appeal by the plaintiff in Action No. 2 from the judgment is dismissed, as it is not aggrieved by the judgment ( see CPLR 5511); and it is further,
ORDERED that the judgment is affirmed insofar as appealed from by the plaintiff in Action No. 1; and it is further,
ORDERED that one bill of costs is awarded to the defendant in Action No. 1, Congregation Yetev Lev of Monsey, Inc., payable by the plaintiff in Action No. 1, Baygold Associates, Inc.
Baygold Associates, Inc. (hereinafter Baygold), entered into a lease with the owner of the subject premises, Monsey Park...
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